Search: Complementarity SAIF GADDAFI
23 Aug The Multilateralist’s Persuasive Defense of the ICC: The U.S. Doesn’t Have to Worry About the ICC, As Long as It Stays Out of the ICC
...Had the U.S. joined the ICC, there is no question in my mind that the U.S. would be subject to numerous ICC investigations related to interrogation policy, Guantanamo, military commissions, targeted killings, and the Iraq and Afghanistan wars. Bush administration folks would be under investigation, but so too would Obama administration folks. If Bosco thinks differently, I would love to hear him explain why. I seriously doubt, for instance, that the principle of complementarity under the ICC statute would have been satisfied in the case of the “torture memos.” Indeed,...02 Nov Call for Papers: ICTY Legacy Conference
...other international courts and tribunals; with a special focus on: how ICTY jurisprudence has influenced national jurisdictions, for instance in the region of the former Yugoslavia; and how domestic law and jurisprudence has informed international justice. Operational Legacy/Complementarity – Challenges faced by the Office of the Prosecutor in investigating and prosecuting conflict-related crimes, including challenges in building leadership cases and obtaining access to evidence; OTP’s capacity building challenges and outcomes; perspectives on operational challenges facing national jurisdictions and potential/demonstrated solutions (including through lessons learned and applied from OTP’s experience). Legacy...
31 Aug Symposium on Myanmar and International Indifference: Rethinking Accountability – Centering Accountability in Asia: Universal Jurisdiction, Grave Breaches, and Cautious Optimism
...crimes likely occurs at the same time or shortly after ratification of the Rome Statute thanks to Parties upholding their end of the bargain regarding complementarity. However, Asia still lags behind in Rome Statute ratification (and notably in Genocide Convention ratification), and therefore we, as a region, are also ‘behind’ in incorporating war crimes, crimes against humanity, and genocide into our domestic criminal codes. Limits Regarding Grave Breaches Instead, where international crimes have not been incorporated, it may be more likely to find criminalization of grave breaches of the 1949...
01 Dec The Nexus of Nuclear Security and Pertinent Armed Conflicts: A Reflection of International Law Applicability in the Ukraine-Russia Conflict
...principle of complementarity has always been active especially between international human rights and international humanitarian law in armed conflict. In the contest of nuclear security vis-à-vis an active armed conflict. Nuclear security should be ensured in times of peace and war. The attack of a nuclear facility in Ukraine by Russia does not negate or eliminate the already existing obligation of the nuclear security regime to ensure protection of nuclear facilities. The amendment to the Convention of Physical Protection of Nuclear Material article 2A(1c) prohibits any sabotage to any nuclear...14 Jan Fifty-Seven Countries Call for Referral of the Syria Situation to the ICC: analysis of the merits of the referral and concerns as to its implementation
...to consist of an entirely new regime, national trials could become vengeful affairs— overzealous prosecutions lacking due process—such as Saddam Hussein’s trial before the Iraqi High Tribunal. If there actually were to be future credible national trials, the referral would have done no harm (it would not supplant good faith national investigations and prosecutions under the “complementarity” provisions of Rome Statute article 17), and in fact could provide incentive for holding national trials. As in all referrals, the referral would be of the “situation” in Syria , so would not...04 Jun Events and Announcements: 4 June 2023
...Asia to promote and ensure peace and stability. Drawing and reflecting on the statements delivered by States in the Sixth Committee, the discussion will also explore the complementarity of the CAH Convention with the Rome Statute (ICC) and the proposed Mutual Legal Assistance Treaty. For more information and to register, click here. The Forthcoming ICJ Advisory Opinion and the Question of Palestine: On 14 June 2023 at 5 pm Jerusalem time (UTC+3), the Diakonia IHL Centre will host a webinar titled The Forthcoming ICJ Advisory Opinion and the Question of...13 Dec The Gambia v Myanmar Provisional Measures ICJ hearings: It’s a wrap…for now!
...not just for the reasons of lack of investigations and prosecutions, as well as pardons (for which the recent cases in the UK and USA were referenced). In the nod to complementarity, and the willingness and ability to ensure justice in a domestic system, this seemed a more apt argument to try and stave off International Criminal Court proceedings, not this case at the ICJ. Also, good to remember that military justice of the kind meted out in Myanmar would not meet the requirements of ensuring justice. In a volte-face,...31 May Weekend Roundup: May 17-31, 2015
...in the foot (IHL version). We had two guest contributions in the last two weeks. The first, from Rick Lines, Damon Barrett and Patrick Gallahue was entitled: The Death Penalty for Drug Offences: ‘Asian Values’ or Drug Treaty Influence? Marina Aksenova posted on Five Questions on the Colombian Sentencing Practice and the Principle of Complementarity under the Rome Statute. Finally, I wrapped up the news and posted on the events and announcements. Thanks to our guest contributors and to you for following us on Opinio Juris. Have a great weekend!...
09 Oct Trump vs. International Law: The Trump Administration and International Criminal Justice
...itself from ICC scrutiny by invoking complementarity and other arguments, it will relinquish a tool that has already proven invaluable in the face of atrocity situations where there are few other options. The plight of the Rohingya, which Ambassador Nikki Haley has championed within the Security Council, offers a prime example of the utility of the ICC to U.S. foreign policy priorities in the human rights context. Haley has called the Myanmar government’s denials of the abuses “preposterous” and demanded that the government investigate abuses and allow humanitarian actors better...23 Sep Sexism in Reporting on the ICC
...her dissenting opinion yesterday. She thought that too much weight was placed on expeditiousness of the proceedings to the expense of Kenya’s sovereign rights and principle of complementarity. She said despite Kenya’s plea for a few months to show additional proof of ongoing investigations, the pre-trial chamber judges led by Judge Ekaterina Trendafilova overlooked these and went on to issue a final decision on the matter within eight weeks of the filing. She said Ekaterina‘s assertions that the proceedings needed to go ahead quickly were misplaced as suspects were neither...